Beattie v. Qua
New York Supreme Court
■ Appeal from a judgment of the Washington county court. The action was originally commenced by Beattie, against Qua, before a justice of the peace.
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■ Appeal from a judgment of the Washington county court. The action was originally commenced by Beattie, against Qua, before a justice of the peace. The plaintiff complained against the defendant for work, labor and services,- done and performed; also for work of the plaintiff, his servants and horses and team; and horses and wagons; also for goods, wares and merchandise, sold and delivered; for grain, butter and apples, in the years 1849 and 1850. The plaintiff also claimed to recover from the defendant, under a special agreement in writing, for the keeping of a horse, hogs and turkeys, &c.…
1Opinion of the Court
By the Court, Willard, P. J.
The objection made by the defendant, that the breach of the contract could not be shown until the time of the contract had expired, is a mere abstraction, without any practical application to the case. The keeping of the defendant’s horses and cattle on the place by the plaintiff, Was a fair charge against the defendant, unless by the contract the plaintiff was bound to keep them. But the contract imposed no such obligation.
The next objection was, that the plaintiff’s book of account *134was inadmissible, because its correctness was not proved by two witnesses. There…
2Cases cited2 opinions
- M'Allister v. ReabNew York Supreme Court · 1830
- Sibley v. HowardNew York Supreme Court · 1846
3Cited by7 opinions
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Andrews v. CrossNew York Supreme Court · 1885
- People ex rel. Lumley v. LewisNew York Supreme Court · 1863
- Andrews v. CressySupreme Court of Minnesota · 1858
- McLean v. StewartNew York Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.